Search Results

< Back The Pennsylvania Dependency Benchbook for Judges and Legal Professionals The document is a comprehensive resource that combines Pennsylvania law, organized pragmatically to allow quick and efficient use, with a series of state and national best practices that will provide judges and practitioners, from the least to most experienced, with the best possible information to support children and families safely. Table of Contents and Best Practice Boxes Rev. 2014 Table of Contents and Best Practice Boxes Acknowledgments Committee Members ii Table of Contents and Best Practice Boxes Benchbook Overview xiii Ch. 1 The Charge for Pennsylvania’s Dependency System 1-1 Mission and Guiding Principles for Pennsylvania’s Dependency System 1-7 Ch. 2 The Role of Judges and Hearing Masters 2-1 2.1 Role of Judges 2-1 2.1.1 Oversight and Management of Individual Cases 2.1.2 Legal Safety Analysis for Judicial Decision-Making 2-1 2-3 2.1.3 Commitment and Leadership in System Improvement Efforts 2-6 2.1.4 Collaboration with the Child Welfare Agency and the Community 2-7 2.2. Role of the Hearing Master 2-8 Ch. 3 Jurisdiction 3-1 3.1 Overview 3-1 3.2 Dependency Jurisdiction in General 3-1 3.3 Divisional Responsibilities 3-2 3.4 Jurisdiction in Cases that Cross Borders 3-3 3.4.1 Inter-County Transfer Cases 3-4 3.4.2 Interstate Transfer 3-4 3.4.3 International Transfers 3-5 3.5 The Indian Child Welfare Act (ICWA) 3-5 Ch. 4 Right to Legal Representation 4-1 4.1 Overview 4-1 4.2 Legal Representation in Dependency Matters in Pennsylvania 4-2 4.2.1 Judge’s Role 4-2 4.2.2 Guardian Ad Litem (GAL) 4-2 4.2.3 Legal Counsel for the Child 4-3 4.2.4 Shared Case Management/Dual Jurisdiction 4-4 4.2.5 Counsel for Parents 4-4 4.3 Pro Se Parents 4-5 4.4 County Solicitors 4-6 4.5 Waiver of Counsel 4-7 v Table of Contents and Best Practice Boxes Rev. 2014 Ch. 5 Entering the Child Welfare System/Shelter Care Hearing 5-1 5.1 Overview 5-1 5.2 Commencement of Proceedings 5-2 5.2.1 Voluntary Placement with the Agency 5-3 5.2.2 Order for Protective Custody 5-3 5.3 Shelter Care Hearing 5-3 5.4 Counsel and Guardian Ad Litem (GAL) Appointments 5-8 5.4.1 Parent Counsel 5-8 5.4.2 Assignment of Guardian Ad Litem (GAL) and Child Counsel 5-8 5.5 Conducting the Hearing 5-9 5.5.1 Evidentiary Standard 5-10 5.6 Findings and Orders 5-10 5.7 Motions and Answers 5-11 Shelter Care Hearing Checklist 5-12 Shelter Care Hearing Benchcard Locating Fathers & Establishing Paternity Benchcard 5-15 5-17 Ch. 6 Adjudication 6-1 6.1 Overview 6-1 6.2 Dependency 6-1 6.3 Pre-Hearing Requirements and Considerations 6-2 6.3.1 Timing 6-2 6.3.2 Appointment of Counsel 6-3 6.3.3 Notification 6-3 6.3.4 Discovery 6-3 6.3.5 Pre-Adjudicatory Conference 6-4 6.3.6 Stipulations 6-4 6.3.7 Reports and Ex Parte Communication 6-5 6.3.8 Standing 6-5 6.4 Conducting the Hearing 6-6 6.5 Burden of Proof 6-6 6.6 Findings and Orders 6-6 Adjudicatory Hearing Checklist 6-8 Adjudicatory Hearing Benchcard 6-11 Ch. 7 Visitation 7-1 7.1 Overview 7-1 7.2 Visitation in Reunification Cases in General 7-1 7.3 Legal Requirements Governing Visitation 7-3 7.4 Sibling Visitation 7-4 7.5 Visitation Arrangements 7-4 vi Table of Contents and Best Practice Boxes Rev. 2014 7.6 Visitation and Contact with Incarcerated Parents 7.7 “Best Interests” Visitation in Non-Reunification Cases Oversight vs. Support Matrix Frequency & Duration Guide for Visitation Ch. 8 Incarcerated Parents 8.1 Overview 8.2 Engagement of Incarcerated Parents in Case Planning & Delivery of Services 8.3 Engagement & Participation of Incarcerated Parents in the Court Process 8.4 Visitation & Contact for Dependent Children of Incarcerated Parents Checklist of Suggested Questions for Hearings Involving an Incarcerated Parent Checklist for Hearings Involving an Incarcerated Parent 7-6 7-7 7-9 7-10 8-1 8-1 8-2 8-3 8-3 8-7 8-8 Ch. 9 Disposition 9-1 9.1 Overview 9-1 9.2 Preliminary Matters 9-2 9.3 Reports 9-2 9.4 Stipulations 9.5 Conduct of the Hearing 9.6 Educational Decision Makers (EDM) 9-4 9-4 9-7 9.6.1 When to Appoint an EDM 9.6.2 Persons Eligible for Appointment 9.6.3 Special Rules for Students with Disabilities 9-7 9-8 9-8 9.7 Findings and Orders 9-8 Disposition Hearing Checklist Disposition Hearing Benchcard 9-12 9-15 Ch. 10 Modification of Placement 10-1 10.1 Overview 10-1 10.2 Disposition of Motion 10-1 Ch. 11 Permanency Options 11-1 11.1 Overview 11.2 Reunification 11.3 Adoption 11.4 Permanent Legal Custodianship (PLC) 11.5 Permanent Placement with a Fit and Willing Relative 11.6 Another Planned Permanent Living Arrangement 11-1 11-1 11-3 11-5 11-7 11-9 vii Table of Contents and Best Practice Boxes Rev. 2014 Ch. 12 Permanency Hearing 12-1 12.1 Overview 12-1 12.2 Timing of Permanency Hearings 12-1 12.3 Pre-Hearing Conferences 12-3 12.4 Hearing Objectives 12-4 12. 5 Conduct of the Hearing 12-7 12.5.1 Courtroom Management 12-7 12.5.2 Persons in Attendance 12-10 12.6 Matters to be Determined 12-12 12.6.1 Continuing Necessity of Placement 12-13 12.6.2 Appropriateness of Placement 12-13 12.6.3 Appropriateness, Feasibility, and Extent of Compliance with the Permanency Plan 12-14 12.6.4 Progress Toward Alleviating Circumstances Requiring Placement 12-14 12.6.5 Appropriateness and Feasibility of Current Placement Goal 12-15 12.6.6 Likely Date that Placement Goal Might Be Achieved 12-16 12.6.7 Reasonable Agency Efforts to Finalize Permanency Plan 12-16 12.6.8 Whether the Child is Safe 12-16 12.6.9 Services Needed to Help Older Youth Transition to Independence 12.6.10 Educational, Health Care, and Disability Need of the Child 12-17 12-18 12.6.11 Whether a TPR Petition Should Be Filed 12-20 12.6.12 When and How the Child Will Achieve Permanency 12-22 12.7 Admissibility of Evidence, Reports and Other Documents 12-22 12.8 Findings and Orders 12-23 Permanency Hearing Checklist/Questions 12-27 Permanency Hearing Benchcard 12-33 Ch. 13 Permanency Hearing to Consider Change of Goal (“Goal Change Hearing”) 13-1 13.1 Overview 13-1 13.2 Initiating the Goal Change 13-1 13.3 Goal Change to Adoption 13-3 13.4 Change to Other Permanency Goals 13-4 13.5 Effects of Goal Change 13-6 13.6 Evidentiary Issues in Goal Change Hearings 13-7 13.7 Findings and Orders 13-8 viii Table of Contents and Best Practice Boxes Rev. 2014 Ch. 14: Termination of Court Supervision 14.1 Overview 14.2 Timing of Termination of Supervision 14.3 Reasons for Termination of Supervision 14.4 Circumstances Requiring Special Consideration 14.4.1 Children Turning 18 14.4.2 Custody Orders 14.4.3 Shared Case Responsibility 14.4.4 Transfer of Court Jurisdiction 14.5 Findings and Orders Checklist of Suggested Questions Termination of Supervision Benchcard Ch. 15: Resumption of Jurisdiction 15.1 Overview 15.2 Method of Request and Review 15.3 Timing of Hearing 15.4 Jurisdiction 15.5 Counsel & Guardian Ad Litem Appointments 15.6 Service 15.7 Standing 15.8 Conduct of the Hearing 15.9 Burden of Proof/Evidentiary Standard 15.10 Placement & Service Options 15.11 Review Hearings 15.12 Findings and Orders 14-1 14-1 14-2 14-4 14-5 14-5 14-7 14-7 14-8 14-10 14-11 14-15 15-1 15-1 15-2 15-2 15-2 15-3 15-3 15-4 15-4 15-5 15-5 15-6 15-7 Ch. 16 Termination of Parental Rights 16-1 16.1 Overview 16-1 16.2 Jurisdiction of the Court 16-2 16.3 TPR Petitions 16-3 16.4 Scheduling of TPR Hearings 16-3 16.5 Service and Notice 16-3 16.6 Appointment of Counsel 16-5 16.7 Discovery 16-5 16.8 Continuances 16-6 16.9 TPR Methods 16-6 16.9.1 Relinquishment Under the Alternative Procedure (Consent) 16-7 16.9.2 Voluntary Relinquishment 16-8 16.9.3 Involuntary Termination 16-8 16.10 Grounds for Involuntary Termination 16-9 ix Table of Contents and Best Practice Boxes Rev. 2014 16.11 Additional Considerations in Involuntary Termination Cases 16-12 16.11.1 Parent-Child Bond Issues 16-12 16.11.2 Putative Fathers 16-14 16.11.3 Incarcerated Parents 16-14 16.12 Decree of Termination of Parental Rights 16-16 Sample Voluntary Relinquishment of Parental Rights Colloquy 16-17 TPR Benchcard 16-19 Ch. 17 Appeals 17-1 17.1 Overview 17-1 17.2 CFT Rules at a Glance 17-1 17.3 Trial Judge’s Role in Expediting Appeals 17-2 Ch. 18 Adoption 18-1 18.1 Overview 18-1 18.2 Jurisdiction 18-2 18.3 Pre-Adoption Requirements 18-3 18.4 Adoption Hearings 18-4 18.4.1 Preliminary Matters 18-4 18.4.2 Attendance at Hearing 18-5 18.4.3 Testimony and Investigation 18-5 18.5 Adoption Orders 18-6 Sample Questions for the Adoption Hearing 18-7 Ch. 19 General Issues 19-1 19.1 Overview 19-1 19.2 Aggravated Circumstances 19-2 19.2.1 “Aggravated Circumstances” Defined 19-2 19.2.2 Procedures in Aggravated Circumstances Cases 19-3 19.2.3 Timing of Hearing 19-3 19.2.4 Effect of Determination 19.3 Family Finding 19-4 19-5 19.4 Family Group Decision Making (FGDM) 19-10 19.4.1 Benefits of FGDM 19-11 19.4.2 The FGDM Process 19-12 19.4.3 The Court’s Role 19-14 19.5 Common Pleas Court Management System (CPCMS) 19-16 19.5.1 Management Reports 19-17 19.5.2 Statistical Reports 19-18 19.6 Children in the Courtroom 19-19 19.6.1 Talking to Children in Court 19-21 19.6.2 Children as Witnesses 19-22 x Table of Contents and Best Practice Boxes Rev. 2014 19.7 Transitioning Youth 19-24 19.7.1 Independent Living Services for Transition Youth 19-25 19.7.2 Transition Planning for Older Youth 19-26 19.7.3 Educational Issues for Transitioning Youth 19-27 19.7.4 Youth Opting to Remain in Care Past Age 18 19-28 19.7.5 IL Aftercare Services 19-30 19.8 Court Appointed Special Advocates (CASA) 19-30 19.8.1 CASA Appointments 19-30 19.8.2 CASA Duties and Responsibilities 19-31 19.8.3 CASA Resources 19-32 19.9 Planning and Funding Services: The Needs Based Plan and Budget (NBPB) 19-32 19.9.1 Best Interests and Reasonable Efforts Findings 19-33 19.9.2 County Planning and Budgeting Process 19-34 Ch. 20 Overview of Federal and State Child Welfare Legislation 20-1 20.1 Adoption Assistance and Child Welfare Act of 1980 20-1 20.2 Adoption and Safe Families Act (ASFA) 20-1 20.3 Child Abuse Prevention and Treatment Act (CAPTA) 20-2 20.4 Foster Care Independence Act (Chafee) 20-3 20.5 Fostering Connections to Success and Increasing Adoptions Act of 2008 20-4 20.6 Interstate Compact on the Placement of Children (ICPC) 20-6 20.7 Indian Child Welfare Act 20-7 20.8 The Multi-Ethnic Placement Act – MEPA 20-8 20.9 The Pennsylvania Adoption Act 20-9 20.9.1 Voluntary Relinquishment of Parental Rights 20-9 20.9.2 Involuntary Termination of Parental Rights 20-10 20.9.3 Relinquishment of Parental Rights under the Alternative Procedure 20-11 20.10 The Child Protective Services Law 20-11 20.11 The Pennsylvania Juvenile Act 20-14 Benchcards Resources and References Glossary and Acronyms Bibliography xi

< Back Dauphin County Mental Health/Autism/Developmental Programs The Dauphin County Department of MH/A/DP Programs provides funding and administrative oversight for services in our community that support people and their families living with developmental delays, mental illness, and intellectual disabilities. Our mission is to assure that these services are of the highest quality possible, are cost-effective, and are readily available to all who need them. We promote family-centered services in our early intervention program, recovery and resiliency in our mental health program, and self-determination in our intellectual disabilities program. MENTAL HEALTH/AUTISM/DEVELOPMENTAL PROGRAMS Crisis Intervention Services Accessing MH/A/DP/EI Services Medical Assistance Transportation Program (MATP) Policy Manual Emergency Solutions Grant (ESG) Manual Standards & Guidelines Mental Health Program Autism/Developmental Disabilities Program Early Intervention Program MH/A/DP Advisory Board Resources

< Back Erie County Office of Children & Youth Mission Statement The mission of the Erie County Office of Children and Youth is to protect children from child abuse and neglect, while actively engaging with, and advocating for, families. We will lead and educate the community in promoting safe and stable families while acting in the best interest of the child. Vision Statement Erie County is a community where families love, support, educate, value, and provide a safe environment for their children. services for children/youth and families in need Lana Rees Director

< Back Trauma-Informed Solutions for Parents, Schools, and Professionals If you're a parent raising a child with challenging or even severe behaviors, you've come to the right place. You'll find proven solutions that go beyond ineffective traditional techniques that will help your children heal and help you enjoy being a parent again. Working with challenging children in the classroom takes a whole new approach than what we've been traditionally taught. Become a trauma-informed educator and help your students reclaim their love of learning and renew your love of teaching. Traditional mental health services and interventions have proven to be inadequate and ineffective for our most intense and challenging young clients. For long-term change, we must develop a completely new understanding of this population. The Beyond Consequences Online Store has resources for every learning style and schedule: books, DVD's, audio CD's, online classes, OnDemand classes, and more. We pride ourselves on a quick delivery so you can start using these valuable materials without delay.

< Back Washington Drug and Alcohol Commission, Inc. If you are in need of help, or know someone that needs help, take the first step by calling us today at 724-223-1181 and choose option #1 Services include: PREVENTION INTERVENTION TREATMENT CASE MANAGEMENT RECOVERY SUPPORT

< Back Community Behavioral Health: Provider Directory Through a uniquertnership between the city and the Commonwealth of Pennsylvania, Philadelphia has created a comprehensive Department of Behavioral Health and Mental Retardation Services, serving the city's 1.4 million residents. As a key component of this system, Philadelphia launchedits own managed care organization, Community Behavioral Health, to provide behavioral health coverage for persons on Medicaid. It has been in operation in Philadelphia since February, 1997.

< Back Kang's Black Belt Academy Kang’s has an outstanding reputation for producing great competitive martial artists, with many state champions, nationally ranked competitors, and even a U.S. national team captain.The central theme to learning Tae Kwon Do at Kang’s Black Belt Academy is that there is no hurry. Some martial art programs rush students through with expensive belt tests every month, we believe that it is better to spend a year making a great green belt rather than a sloppy black belt.Martial Arts

< Back Owen J Roberts School District The Mission of the Owen J. Roberts School District is to inspire and enable learners of all ages to realize their intellectual potential, pursue their personal development, and become responsible citizens by providing a dynamic and challenging educational program through artnership among school, students, families, and the community.children's education

< Back Advent Speech and Feeding Physical Therapy Occupational Therapy Speech Therapy Special Instructioncontact info

< Back Variety - the Children's Charity Autism Resource Line --rents can call to receive information on programs, support groups, educational programs, therapies, etc in their community

< Back Dauphin County Adult and Juvenile Probation JUVENILE PROBATION https://www.dauphincounty.gov/government/court-departments/probation-services/juvenile-division 100 Chestnut Street (Second Floor) Harrisburg, PA 17101 Phone: (717) 780-7100 Fax: (717)780-7099 Northern Dauphin Human Services Center 295 State Drive Elizabethville, PA 17023 Phone: (717) 905-2505

< Back Intake/Referral Services in OCYF General Protective Services This is the assessment/investigation of all referrals to a Children and Youth Services agency that do not reach the level of a Child Protective Services report (CPS). Examples of these referrals are truancy, lack of supervision and homes with health and safety concerns. Child Protective Services (CPS) This is the investigation of all reports of child abuse. Once a referral is received a caseworker must make sure the child is immediately safe, and make contact within 24 hours. Any concerned person may make referrals. People who come into contact with children because of their employment are required by law to report suspected child abuse. Ongoing Services Once an assessment/investigation is completed and it is determined that a family would benefit from Children and Youth Services, a Family Service Plan(FSP) is developed with the family and caseworker which identifies changes that need to made by the family, and what services that will help the family make the changes. The goal is to provide supportive casework to the family in order to make sure the home is safe for the child. The goal is to keep the family together and to help the family make that possible by supporting the family in making positive changes. This goal should happen by providing a variety of services that meets the family’s needs. The services your Caseworker will talk to you about will depend on what your family needs, what you ask for, or what a Judge might order. Sometimes services are provided by Children Youth and Families (CYF). Sometimes CYF will refer you to services provided by another agency or program. You may request and/or be asked to go to the following in order to assess your needs or to strengthen your family: psychological assessments (to assess parent and child relationships); parenting classes; counseling and therapy; self-help or support groups; job training; drug screening; drug and alcohol rehabilitation; counseling in homemaking and home budgeting. Some of the services your family may receive could be, but not limited to: family therapy; budget counseling; marriage counseling; individual counseling; parenting education; group counseling. Emergency Services Children and Youth Services has staff on call 24 hours a day, seven days a week, to answer emergency calls and high-risk referrals of child abuse and neglect. The Emergency Children and Youth worker will assess the child abuse report and decide if the child is safe staying in the home or should the child be removed from the home to another location to make sure the child is safe. Placement Services This happens when the court decides that it is not safe for the child to be stay in the home. The child would then be removed from their family. When a child is removed from their home it can be extremely traumatic for both the child and the family. Removal of a child from their home is only used as an option when a child’s safety cannot be assured and when there are no suitable relatives able to care for the child. If the child cannot stay at home, or with a relative, the child may end up going to a foster home, group home, residential treatment center or a shelter care facility. When Children and Youth Services look for a place out of the home for the child they must determine which type of placement is the least restrictive for the child, yet able to still meet the needs of the child. Once a child is placed out of their home the goal of Children and Youth Services is permanent planning for the child. This plan can involve a return to the family, adoption or independent living. Together with the family, Children and Youth Services set goals for the family to reach so that the child can return home. This plan is created by the parents, child and caseworker. The plan will have the reasons the child was placed out of home and what changes the family has to make before the child can return home to their family. The court will review the family’s progress every six months or sooner if requested. Involuntary termination of parents rights (TPR) can happen if a family is unable or unwilling to make the changes that are needed for the child to return home, and that are in the child’s best interest. If that happens it could mean the court would move to place the child for adoption. Recognizing Child Abuse and Neglect Pennsylvania has by law a Child Protective Service Law that defines abuse intentionally, knowingly, or recklessly causing non-accidental serious physical or mental abuse, sexual abuse or exploitation, or serious physical neglect caused by acts of omission by the parent or caregiver. Intentionally: on purposeKnowingly: understanding what could happen as a resultRecklessly: carelessly Physical Abuse Any recent act or failure to act by a person that causes non-accidental serious physical harm to a child less than 18 years of age. Serious physical harm is an injury that causes a child severe pain or interferes with a child physical functioning, either temporary or permanently. To make up, fake or cause an illness to a child that result in excessive, unnecessary and possible harmful medical treatment Emotional Abuse Emotional Abuse is an act or failure to act by a parent or caregiver that causes non-accidental serious mental harm to a child who is less than 18 years of age. Serious mental harm is a psychological condition that is diagnosed by a doctor or licensed psychologist. This includes the refusal of treatment that leaves a child continuously and severely anxious, agitated, depressed, socially withdrawn, psychotic, a fear that the child’s life or safety is threatened, or that a the emotional abuse has caused the child to not be able to accomplish age appropriate development and social tasks. Sexual Abuse or Exploitation An act or failure to act by a parent or caregiver that causes sexual abuse or exploitation (to use) of a child who is under 18 years old. Sexual abuse or exploitation is the employment (hiring of) use of, persuasion. Having a child participate or pretend to perform sexually explicit conductNudity, looking at someone’s sexual parts so that the child or other person is sexually arousedParticipating in sexual acts so that the child or other person is sexually aroused. Information adapted from Juniata County Children and Youth Services http://www.co.juniata.pa.us/departments/children-youth-services/ Children’s Rights Every child has the right to be: Safe and protected from danger A permanent home, food, and clothing Age-appropriate supervision and discipline Medical and dental care Services to meet any special needs To go to school or receive an education To practice their religion Receive respectful and courteous treatment (Allegheny County Parent Handbook, 10/2011)